Location of Repository

Compulsory Treatment in Psychiatry: Some Reflections on Self-Determination, Patient Competency and Professional Expertise

By Lawrence O. Gostin

Abstract

In this article the author examines the rationale, in legal and policy terms, of the inextricable association traditionally formed between certification and incompetency. He argues that forming categories of people in which the law automatically dispenses with the requirement of seeking consent is fraught with conceptual inconsistencies and practical difficulties. He further argues that clinical judgments made without the consent of the patient should be made subject to an independent statutory review. Such a review procedure could also be adopted for treatments which are unusually hazardous, irreversible or not fully established even if the doctor purports to proceed with the consent of the patient

Topics: patient competency, psychiatric compulsory treatment, psychiatric patients, Health Law and Policy, Health Policy, Law and Psychology, Public Health
Publisher: Scholarship @ GEORGETOWN LAW
Year: 1982
OAI identifier: oai:scholarship.law.georgetown.edu:facpub-1774
Download PDF:
Sorry, we are unable to provide the full text but you may find it at the following location(s):
  • http://scholarship.law.georget... (external link)
  • http://scholarship.law.georget... (external link)
  • Suggested articles


    To submit an update or takedown request for this paper, please submit an Update/Correction/Removal Request.